- 13 - For purposes of this subsection, any property received by the taxpayer shall be treated as property which is not like-kind property if-- (A) such property is not identified as property to be received in the exchange on or before the day which is 45 days after the date on which the taxpayer transfers the property relinquished in the exchange, or (B) such property is received after the earlier of-- (i) the day which is 180 days after the date on which the taxpayer transfers the property relinquished in the exchange, or (ii) the due date (determined with regard to extension) for the transferor's return of the tax imposed by this chapter for the taxable year in which the transfer of the relinquished property occurs. The Secretary issued regulations under section 1031 after the years in issue which require taxpayers to identify replacement property in a written document signed by the taxpayer and sent to either (1) the person obligated to transfer the replacement property or (2) any person involved in the exchange (e.g., a party, an intermediary, or an escrow agent) other than the taxpayer or a disqualified person (the taxpayer's agent or a related party). Sec. 1.1031(k)-1(c)(2), Income Tax Regs. The regulations apply to transfers of property made on or after June 10, 1991, or in limited cases, transfers made on or after May 16, 1990. Sec. 1.1031(k)-1(o), Income Tax Regs. As the regulations do not apply in this case, petitioners contend that during the years in issue, the proper method of identification was ambiguous. They argue that sectionPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011